A. Philip Randolph Institute et al v. Husted

Filing 101

PROTECTIVE ORDER. Signed by Judge George C. Smith on 3/27/2017. (agm)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
OHIO A. PHILIP RANDOLPH INSTITUTE, et al.
Plaintiffs,
v.
SECRETARY OF STATE, JON HUSTED
Defendant.

:
:
: Case No. 2:16-cv-00303
:
: JUDGE GEORGE C. SMITH
:
: Magistrate Judge Deavers
:
:

ORDER
Counsel for Plaintiffs and Defendant have conferred and agree to stipulate to the
following order (the “Protective Order”):
1. This Protective Order applies to the documents produced in response to subpoenas served
by Plaintiffs on the following county boards of election on or about March 21, 2017:
Cuyahoga, Greene, Hamilton, Lake, Licking, Lorain, Lucas, Mahoning, Medina, Miami,
Montgomery, Portage, Stark, Summit, Trumbull, Wood, Warren, Butler, Delaware, and
Franklin.
2. Some of the documents requested in the subpoenas include personal information,
including voter names, voter addresses, voter dates of birth, portions of voter’s social
security numbers, and potentially other personal information.

This information

collectively shall be referred to herein as “Personal Identifiers.”
3. Without permission of the Court, no document with Personal Identifiers shall be shared
with any person or entity other than the parties to this litigation, their lawyers, and any

1

consultants or expert witnesses retained by the parties or their lawyers, all of whom shall
be bound by this Protective Order.
4. The documents produced in response to the subpoenas can only be used for purposes of
this litigation.
5. Within 60 days following conclusion of this litigation and all appeals, Plaintiffs (and all
others who received the documents pursuant to Paragraph 3) shall destroy all documents
containing Personal Identifiers.
6. Personal Identifiers shall not be quoted in any public filings. Instead, the Parties are to
use separate anonymous identifiers such as “Person A” and to separately and
confidentially disclose to the opposing party’s counsel the identity of Person A, so that
the opposing party can effectively respond, as needed, to the allegation related to that
individual.
7. To the extent it is necessary to attach a document with any Personal Identifiers to any
pleading in this litigation, any such document shall be filed under seal or otherwise have
all of the Personal Identifiers redacted.
8. It is the obligation of all counsel in this matter to provide a copy of this Protective Order
to the boards of election (or their counsel) within one day of issuance of this Protective
Order. If any board of election has an objection to the Protective Order, the board shall
notify the Court of its objection within four days of the date of this Protective Order. In
addition, nothing in this Protective Order prohibits boards from negotiating with
Plaintiffs with respect to the subpoenas and as necessary, negotiating separate, additional
confidentiality agreements with additional or different terms than those herein.
IT IS SO ORDERED.

2

s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT
Stipulated to, by:
MIKE DEWINE
Ohio Attorney General
s/ Naila Awan (Per Email Authorization)
NAILA AWAN, Trial Attorney (0088147)
STUART C. NAIFEH*
CAMERON BELL*
Dēmos
80 Broad St, 4th Flr.
New York, NY 10004
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

s/ Steven T. Voigt
STEVEN T. VOIGT (0092879)
Principal Assistant Attorney General
HEATHER BUCHANAN (0083032)
Senior Assistant Attorneys General
Constitutional Offices Section
30 East Broad Street, 16th Floor
Columbus, Ohio 43215
Tel: [phone]; Fax: [phone]
[e-mail]
[e-mail]

FREDA J. LEVENSON (0045916)
ACLU of Ohio
4506 Chester Avenue
Cleveland, Ohio 44103
Telephone: [phone]
Email: flevenson@acluohio

Counsel for Defendant
Secretary of State Jon Husted

DANIEL P. TOKAJI
Cooperating Attorney for ACLU of Ohio
The Ohio State University
Moritz College of Law**
55 W. 12th Ave
Columbus, OH 43210
Telephone: [phone]
Email: [e-mail]
RICHARD SAPHIRE (0017813)
Cooperating Attorney for ACLU of Ohio
University of Dayton School of Law**
300 College Park
Dayton, Ohio 45469
Telephone: [phone]
Email: [e-mail]
PAUL MOKE (0014099)
Cooperating Attorney for ACLU of Ohio
Wilmington College**
1252 Pyle Center
Wilmington, Ohio 45177
Telephone: [phone]
Email: [e-mail]

3